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HomeMy WebLinkAboutCC Reso No 2009-44 Page 1 of 12 RESOLUTION NO. 2009-44 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, APPROVING TENTATIVE TRACT MAP NO. 33140 WHEREAS, Taft Corporation, has filed an application with the City of Lake Elsinore requesting approval of Tentative Tract Map No. 33140 (the "Subdivision") which subdivides 72 acres of land within the R-1 Single Family Residential District into 106 individual lots. The project site is located between the end of Grandview Drive and SR-74, also known as the Ortega Highway (the 'Property"); and WHEREAS, the Planning Commission of the City of Lake Elsinore considered the proposed Subdivision at its regularly scheduled March 6, 2006, meeting and made a recommendation that the City Council approve Tentative Tract Map 33140; and WHEREAS, the City Council of the City of Lake Elsinore is responsible for making decisions pertaining to the subdivision of land; and WHEREAS, public notice of the Subdivision has been given, and the City Council has considered the recommendation of the Planning Commission and evidence presented by the Community Development Department and other interested parties at a public hearing held with respect to this item on July 14, 2009. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council has considered the Subdivision prior to making a decision to approve the application. The City Council hereby finds and determines that the Subdivision complies with the requirements of Title 16 of the Lake Elsinore Municipal Code. SECTION 2. The City Council finds and determines that Mitigated Negative Declaration No. 2005-10 is adequate and prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) which analyzes environmental effects of the Tentative Tract Map. SECTION 3. That in accordance with the Subdivision Map Act and requirements of the Lake Elsinore Municipal Code, the City Council makes the following findings for I the approval of Tentative Tract Map No. 33140: i 1. The Subdivision, together with the provisions for the design and improvement, are consistent with the General Plan; Zoning Code; Title 16 of the Municipal Code relating to Subdivisions; and the State Subdivision Map Act. r- CITY COUNCIL RESOLUTION 2009-44 PAGE 2 OF 12 The design of the subdivision and density of 1.44 dwelling units per acre is consistent with the General Plan designation of Low Medium Density Residential, which accommodates residential development up 6 dwelling units per acre. The project is consistent with the designated land use, development and design standards, and all other appropriate requirements contained in the General Plan, Zoning Code, City Municipal Code, and Subdivision Map Act. 2. The Subdivision is compatible with the objectives, policies, general land uses and programs specified in the General Plan (Government Code Section 66473.5). I The project is consistent with the land use plan, development and design standards and programs, and all other appropriate requirements contained in the General Plan, and Lake Elsinore Municipal Code. As discussed, the General Plan designates the project site as Low Medium Density Residential. The Zoning Code designates the project site as Single Family Residential (R-1) (minimum lot size of 6,000 square feet). Tract Map No. 33140 is consistent with the R-1 designation and applicable development and design standards. 3. The effects this Subdivision is likely to have upon the housing needs of the region, the public service requirements of its residents, and the available fiscal and environmental resources have been considered and balanced. The project is consistent with the City's General Plan and Zoning Code, will provide necessary public services and facilities, will pay all appropriate fees, and will not result in any adverse environmental impact. 4. The design of the Subdivision provides to the greatest extent possible, for future passive or natural heating or cooling opportunities in the subdivision (Government Code Section 66412.3). The Subdivision will comply with all appropriate conservation requirements of the City and Uniform Building Code. SECTION 4. Based upon all of the evidence presented, the above findings, and the conditions of approval imposed upon the subdivision, the City Council hereby approves Tentative Tract Map No. 33140. SECTION 5. This Resolution shall take effect from and after the date of its passage and adoption. II CITY COUNCIL RESOLUTION 2009-44 PAGE 3 OF 12 PASSED, APPROVED AND ADOPTED on this 14th day of July 2009. R RT MAGEE MAYOR ATTEST: = DEBORA THOMSEN :CITY CLERK `APPROVED AS TO FORM: A BARA LEIBOLD CITY ATTORNEY CITY OF LAKE ELSINORE Fill CITY COUNCIL RESOLUTION 2009-44 PAGE 4 OF 12 STATE OF CALIFORNIA COUNTY OF RIVERSIDE I SS CITY OF LAKE ELSINORE i I, Debora Thomsen, City Clerk of the City of Lake Elsinore, California, hereby certify that Resolution No. 2009-44 was adopted by the City Council of the City of Lake Elsinore, California, at a regular meeting held on the 14th day of July 2009, and that the same was adopted by the following vote: AYES: Mayor Robert E. Magee, Mayor Pro Tern Melissa Melendez, Councilmember Amy Bhutta, Councilmember Thomas Buckley, Councilmember Daryl Hickman NOES: None ABSENT: None i ABSTAIN: None DEBORA THOMSEN CITY CLERK ' ~_iJ . Page 5 of 12 REVISED r CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP NO. 33140 GENERAL 1. The applicant shall defend (with counsel acceptable to the City), indemnify, and hold harmless the City, its Officials, Officers, Employees, and Agents from any claim, action, or proceeding against the City, its Officials, Officers, Employees or Agents to attach, set aside, void, or annul an approval of the City, its advisory agencies, appeal boards, or legislative body concerning Tentative Tract Map No. 33140, generally located between the end of Grandview Drive and SR-74, also known as the Ortega Highway. TENTATIVE TRACT MAP NO. 33140 2. Tentative Tract Map No. 33140 will expire two (2) years from date of approval unless within that period of time an appropriate instrument has been filed and recorded with the County Recorder, or an extension of time is granted by the City of Lake Elsinore City Council in accordance with the Subdivision Map Act and the Lake Elsinore Municipal Code (LEMC). j 3. The Tentative Tract Map shall comply with the State of California Subdivision Map Act and shall comply with all applicable requirements of the Lake Elsinore Municipal Code, ! Title 16 unless modified by approved Conditions of Approval. 4. Prior to final certificate of occupancy of the Tentative Tract Map, the improvements specified herein and approved by the Planning Commission and the City Council shall be installed, or agreements for said improvements, shall be submitted to the City for approval by the City Engineer, and all other stated conditions shall be complied with. All uncompleted improvements must be bonded for as part of the agreements. 5. All lots shall comply with minimum standards contained in the LEMC. 6. A precise survey with closures for boundaries and all lots shall be provided per the LEMC. 7. The applicant shall comply with all conditions of the Riverside County Fire Department. 8. The applicant shall meet all requirements of Elsinore Valley Municipal Water District (EVMWD). 9. All future structural development associated with this map shall require separate Design Review approval. REVISED CONDITIONS OF APPROVAL Page 6 of 12 TENTATIVE TRACT MAP NO. 33140 10. Prior to issuance of any grading permit and/or building permit, the applicant shall sign and complete an "Acknowledgment of Conditions" and shall return the executed original to the Community Development Department. 11. The applicant shall comply with the following City programs: the City Source Reduction and Recycling Element and Household Hazardous Waste Element, the County Solid Waste Management Plan and Integrated Waste Management Plan. 12. Prior to issuance of building permit, the applicant shall submit a letter of verification (will-serve letter) to the City Engineer, for all required utility services. 13. The applicant shall pay applicable fees and obtain proper clearance from the Lake Elsinore Unified School District (LEUSD) prior to issuance of building permits. 14. The Multiple Species Habitat Conservation Plan Fee (MSHCP) will be due upon issuance of building permits. 15. The applicant shall pay all applicable fees including park fees. 16. The applicant shall meet all requirements of the providing electric utility company. ~i 17. The applicant shall meet all requirements of the providing gas utility company. 18. The applicant shall meet all requirements of the providing telephone utility company. 19. A bond is required guaranteeing the removal of all trailers used during construction. 20. All signage shall be subject to Planning Division review and approval prior to installation. 21. The applicant shall place a weatherproof 3' x 3' sign at the entrance to the project site identifying the approved days and hours of construction activity and a statement that complaints regarding the operation can be lodged with the City of Lake Elsinore Code Enforcement Division (951) 674-3124. 22. The City's Noise Ordinance shall be met during all site preparation activity. Construction shall not commence before 7:00 AM and cease at 5:00 PM, Monday through Friday. Construction activity shall not take place on Saturday, Sunday, or any Legal Holidays. 23. The applicant shall comply with all mitigation measures identified in Mitigated Negative Declaration No. 2005-10 and Mitigation Monitor Reporting Program. I I REVISED CONDITIONS OF APPROVAL Page 7 of 12 TENTATIVE TRACT MAP NO. 33140 F1 24. Prior to approval of Final Map, the applicant shall initiate and complete the formation of a Homeowner's Association (HOA) which shall be approved by the City, recorded, and in place. All Association documents shall be approved by City Planning and Engineering and the City Attorney and shall be recorded. Such documents include the Articles of Incorporation for the Association and Covenants, Conditions and Restrictions (CC&Rs). 25. All lettered lots, "tot lots" and Detention Basins within Tentative Tract Map 33140 shall be owned and maintained by the HOA or other entity approved by the Community Development Director and so noted on the Final Map. 26. Prior to the approval of the Final Map the applicant shall revise the Tentative Tract Map contained herein to identify the detention basins as lettered to be maintained by the HOA in perpetuity. ENGINEERING 27. All Public Works requirements shall be complied with as a condition of development as specified in the Lake Elsinore Municipal Code (LEMC) prior to final map approval. 28. Pay all Capital Improvement and Plan Check fees (LEMC 16.34, Resolution 85-26). C 29. Submit a "Will Serve" letter to the City Engineering Division from the applicable water agency stating that water and sewer arrangements have been made for this project. Submit this letter prior to final map approval. 30. Construct all public works improvements per approved street plans (LEMC 12.04). All streets providing access shall be constructed prior to issuance of first certificate of occupancy. 31. Street improvement plans and specifications shall be prepared by a Calif. Registered Civil Engineer. Improvements shall be designed and constructed to Riverside County Road Department Standards, latest edition, and City Codes (LEMC 12.04 and 16.34). 32. Per the approved traffic study dated December, 2005 the project shall construct a traffic signal at the intersections of Grand Avenue and Macy. Signal improvements shall be operational prior to issuance of first grading permit. TIF credits shall be applied to the project's fee requirement as described in the TIF study (modified at Planning Commission meeting on March 6, 2007). REVISED CONDITIONS OF APPROVAL Page 8 of 12 TENTATIVE TRACT MAP NO. 33140 33. A. Applicant shall process an encroachment permit for access purposes to route truck traffic onto the site from SR-74 and off of the site on Macy (modified at Planning Commission meeting on March 6, 2007). Applicant shall provide an alternate route approved by the City Engineer in the event CALTRANS denies the encroachment permit application. B. Grading operations related to the import and export of graded material shall be restricted by time and traffic control. Prior to issuance of grading permit, applicant shall process a traffic control plan for the import/export operation.. Haul trucks shall not be allowed in both directions at any one time on Macy. Haul times shall be restricted to avoid school bus pick-up and drop-off times during the school year or between 7.30 AM and 4:00 PM outside the school year (modified at Planning Commission meeting on March 6, 2007). 34. Modify intersection striping at Grand Avenue and Riverside Drive by including a westbound right-turn lane from Riverside Drive onto northbound Grand Avenue. Also include a dedicated left turn lane for eastbound Grand Avenue to northbound Grand Avenue. This intersection improvement shall be constructed per the Traffic Study approved December 30, 2005. 35. The approved traffic study identifies improvements at the intersection of Riverside Drive and Lakeshore Drive to include an additional left turn lane from northbound Lakeshore Drive to westbound Riverside Drive; provide an additional left turn lane for westbound Riverside Drive to southbound Lakeshore Drive; and provide an additional through lane for southbound Lakeshore Drive at Riverside Drive. The applicant shall pay the project's share of TIF as participation in these improvements. 36. Design grade for local streets shall not exceed 10%. The maximum grade of 15% shall only be approved with the concurrence of the Fire Department. 37. Interior streets shall be designed with up to 10% as the maximum grade and intersecting streets shall meet at a maximum grade of 6 % 38. Sight distance on all on-site and off-site streets constructed by this project shall conform to CALTRANS requirements for horizontal and vertical curves. This condition shall apply to all intersections. 39. The applicant shall construct street improvements from the project limits to the city limits on Macy Street. Street width shall be consistent with City's local street standard (edge of pavement to edge of pavement) or as approved by City Engineer. County encroachment permit shall be required for this work. REVISED CONDITIONS OF APPROVAL Page 9 of 12 TENTATIVE TRACT MAP NO. 33140 40. Pay all fees and meet requirements of encroachment permit issued by the Engineering Division for construction of public works improvements within the existing Street Right-of way(LEMC 12.08 and Resolution 83-78). 41. All compaction reports, grade certifications, monument certifications (with tie notes delineated on 8 Y2" x 11" Mylar) shall be submitted to the Engineering Division before final inspection of public works improvements will be scheduled and approved. 42. The applicant shall install permanent bench marks in accordance with Riverside County Standards. 43. Applicant shall obtain all necessary off-site easements for off-site grading from the adjacent property owners prior to building permit issuance. 44. Arrangements for relocation of utility company facilities (power poles, vaults, etc.) out of the roadway or alley shall be the responsibility of the property owner or his agent. 45. Provide fire protection facilities as required in writing by Riverside County Fire. 46. Provide street fighting and show lighting improvements as part of street improvement plans. The spacing of the street lights shall conform to the City Standard street light spacing. 47. Developer shall annex to the City's Street Lighting and landscaping Maintenance District. 48. Developer shall install blue reflective pavement markers in the street at all fire hydrant locations in accordance with City Standards. 49. Applicant shall submit a traffic control plan showing all traffic control devices for the tract to be approved prior to first occupancy. All traffic control devices shall be installed prior to final inspection of public improvements and issuance of first certificate of occupancy. This includes No Parking and Street Sweeping Signs for streets within the tract. 50. All improvement plans shall be digitized and submitted at Certificate of Occupancy. The applicant shall submit tapes and/or discs which are compatible with City's ARC Info/GIS or developer to pay $300 per sheet for City digitizing. 51. All utilities except electrical over 12 KV shall be placed underground, as approved by the serving utility. REVISED CONDITIONS OF APPROVAL Page 10 of 12 TENTATIVE TRACT MAP NO. 33140 52. Apply and obtain a grading permit with appropriate security prior to building permit issuance. A grading plan signed and stamped by a Calif. Registered Civil Engineer shall be required if the grading exceeds 50 cubic yards or the existing flow pattern is substantially modified as determined by the City Engineer. If the grading is less than 50 cubic yards and a grading plan is not required, a grading permit shall still be obtained so that a cursory drainage and flow pattern inspection can be conducted before grading begins. 53. Provide soils, geology and seismic report including street design recommendations. Provide final soils report showing compliance with recommendations. 54. An Alquis-Priolo study shall be performed on the site to identify any hidden earthquake faults and/or liquefaction zones present on-site unless previously submitted and approved. 55. All grading shall be done under the supervision of a geotechnical engineer and he shall certify all slopes steeper than 2 to 1 for stability and proper erosion control. All manufactured slopes greater than 30 ft. in height shall be contoured and constructed with drainage ditches every 30-vertical feet. 56. Prior to commencement of large scale grading operations, applicant shall provide to the City a map of all proposed haul routes to be used for movement of export material. Such routes shall be subject to the review and approval of the City Engineer. 57. Individual lot drainage shall be conveyed to a public facility or accepted by adjacent property owners by a notarized and recorded letter of drainage acceptance or conveyed to an established drainage easement. 58. On-site drainage facilities located outside of road right-of-way should be contained within drainage easements shown on the final map. In the event the easement is not shown on the final map, a drainage easement shall be dedicated by separate document. This condition shall apply specifically to lots 15, 31, 5, 63, 84, and 49 with easement widths not less than 10-feet. 59. All natural drainage traversing site shall be conveyed through the site, or shall be collected and conveyed by a method approved by the City Engineer. 60. Submit Hydrology and Hydraulic Reports for review and approval by City Engineer and the Riverside County Flood Control District prior to approval of final map. Developer shall mitigate any flooding and/or erosion caused by development of site and diversion of drainage. The report shall verify impacts of storm water on existing facilities. I I REVISED CONDITIONS OF APPROVAL Page 11 of 12 TENTATIVE TRACT MAP NO. 33140 61. All drainage facilities in this tract shall be constructed to Riverside County Flood Control District Standards. 62. Storm drain inlet facilities shall be appropriately stenciled to prevent illegal dumping in the drain system, the wording and stencil shall be approved by the City Engineer. 63. Roof and yard drains shall not outlet directly through cuts in the street curb. Roof drains shall drain through a minimum of twenty (20) feet of landscaped area. 64. 10- year storm runoff should be contained within the curb and the 100 year storm runoff should be contained within the street right-of-way. When either of these criteria are exceeded, drainage facilities should be installed. 65. A drainage acceptance letter will be necessary from the downstream property owners for outletting the proposed stormwater run-off on private property. 66. Provide Tract Phasing Plan for the City Engineer's approval. Bond public improvements for each Phase as approved by the City Engineer. 67. Up-slope maintenance along right-of-ways shall be maintained by the city's lighting and landscaping maintenance assessment district or a homeowner's association. 68. Applicant will be required to install BMP's using the best available technology to mitigate any urban pollutants from entering the watershed. 69. Applicant shall provide the city with proof of his having filed a Notice of Intent with the Regional Water Quality Control Board for the National Pollutant Discharge Elimination System (NPDES) program with a storm water pollution prevention plan prior to issuance of grading permits. The applicant shall provide a Storm Water Pollution Prevention Plan (SWPPP) for construction activities and a Water Quality Management Plan (WQMP) detailing the perminant clean water features. The WQMP shall include a maintenance program, for post construction compliance with the City's Clean Water Runoff Program. 70. Education guidelines and Best Management Practices (BMP) shall be provided to residents of the development in the use of herbicides, pesticides, fertilizers as well as other environmental awareness education materials on good housekeeping practices that contribute to protection of stormwater quality and met the goals of the BMP in Supplement "A" in the Riverside County NPDES Drainage Area Management Plan. 71. Intersecting streets on the inside radius of a curve will only be permitted when adequate sight distance is verified by a registered civil engineer. Fj 72. Local streets shall have sixty (60) ft. right-of -way with forty (40) ft. curb-to-curb. Restricted local streets (cul-de-sacs) shall have fifty (50) ft. right-of-way with thirty-six (36) ft. curb-to-curb and a three (3) ft. utility easement on each side. REVISED CONDITIONS OF APPROVAL Page 12 of 12 TENTATIVE TRACT MAP NO. 33140 73. All parcels shall have direct access to public right-of-way or be provided with a minimum 30-foot ingress and egress easement to public right-of-way by separate instrument or through map recordation. 74. Applicant shall provide a homeowner's association with CC & R's for maintenance of the open space and proposed drainage/debris basins. 75. In accordance with the City's Franchise Agreement for waste disposal & recycling, the applicant shall be required to contract with CR&R Inc. for removal and disposal of all waste material, debris, vegetation and other rubbish generated during cleaning, demolition, clear and grubbing or all other phases of construction. DEPARTMENT OF ADMINISTRATIVE SERVICES 73. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2007-1 to offset the annual negative fiscal impacts of the project on public safety operations and maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. I 74. Prior to issuance of the first building permit or approval of the final subdivision map, III whichever happens first, the applicant shall annex into Lighting and Landscape Maintenance District No. 1 to offset the annual negative fiscal impacts of the project on public right-of-way landscaped areas to be maintained by the City and for street lights in the public right-of-way for which the City will pay for electricity and a maintenance fee to Southern California Edison. Applicant shall pay to the City a non-refundable deposit in the amount of $5,000 to cover the cost of the annexation process. 75. Upon completion of the Fire Station Impact Study, the Developer shall pay fare share of fire station impact fee. 76. Prior to issuance of the first building permit or approval of the final subdivision map, whichever happens first, the applicant shall annex into Community Facilities District 2006-5 to offset the annual negative fiscal impacts of the project on parks, storm drain and open space maintenance issues in the City. Applicant shall pay to the City a non- refundable deposit in the amount of $5,000 to cover the cost of the annexation process. t!